Published in the Courier News, Wednesday, January 30, 2008
Speaking Out [OpEd]
No basis for eliminating chief of police position
By ROMAN MARTYNIUK
This is in response to an article which appeared in the Courier News on Jan. 25 regarding the proposed reorganization of the Plainfield police department and the elimination of the position of chief of police.
The council or at least the four members of the seven-member council in attendance passed a resolution that proposes eliminating the office of the chief of police and creating the position of police director.
The ostensible reason for this action, according to statements made by members of the council, was purely a management decision intended to increase the level of accountability. This explanation just doesn't hold water. In fact, notwithstanding the procedural flaws wherein the council failed to notify the public of the proposed resolution, this situation is wrought with so many misrepresentations, inaccuracies and flawed assumptions that it will be difficult to address them all in one letter.
By statute (40A:14-118 aka The Chiefs Responsibility Act) the chief of police, whoever it may be, already is directly accountable at the municipal government level to what is referred to as the appropriate authority (mayor, manager, or such other appropriate executive or administrative officer, such as a full-time director of public safety) and, on a second level, through the law enforcement chain of command to the county prosecutor and the state attorney general.
That same statute clearly defines the various duties and responsibilities of a chief which includes "prescribing the duties and assignments of all subordinates and other personnel." Reference was made to a series of disciplinary actions involving Chief Santiago. This reference is misleading at best. There is not now, nor has there ever been, any suggestion that Chief Santiago has not adequately performed his official police duties.
In fact, crime in Plainfield has decreased significantly under his leadership. The "transgressions" involve his refusal to implement changes in personnel assignments that were directed by the public safety director, even though those directives clearly infringed upon the authority granted to the chief under 40A:14-118. Failure to submit to inappropriate political interference should not be cause for disciplinary actions; to the contrary, it is an act of principle and moral courage that should be applauded.
If the public safety director wants to assume the authority of the chief either directly or through a civilian surrogate, they should apply for admission to the police academy, subject themselves to the many weeks of rigorous training, go out on the streets for 20 years to obtain law enforcement experience, and then compete for promotion against any other eligible senior law enforcement professionals -- not try to usurp the duly granted legal authority of the chief through questionable administrative manipulations.
The proposal to demote the chief and replace him with a police director would add a purely administrative position (with no law enforcement powers or authority) to the municipal payroll without adding or improving any level of management accountability. (An additional financial burden to taxpayers with absolutely no benefit.)
In the interest of full disclosure, I have met Chief Santiago in a professional capacity. We both attended a law enforcement training seminar addressing the prevention of violence in schools and again, at another training program focusing on intelligence-based policing (sponsored by the New Jersey Department of Homeland Security and Preparedness.) It should be noted that both these professional development experiences took place subsequent to the filing of the "disciplinary" actions filed against the chief.
In a world in which local police have become increasingly involved in homeland security, anti-terror, anti-gang and emergency response missions, as well as school shooting/school safety issues, it is ever more common and necessary for local police departments to work in partnership with other federal, state, county and municipal law-enforcement agencies. Here the issues of credibility, professional courtesy and security clearances come into play; issues that strongly favor a sworn chief of police over a political appointee. Especially a chief who remains fully dedicated to fulfilling his professional responsibilities despite a disappointing lack of support from certain elected officials.
Roman Martyniuk is public information officer, New Jersey State Association of Chiefs of Police.
Online story here. Archived here.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Showing posts with label Administration. Show all posts
Showing posts with label Administration. Show all posts
Wednesday, January 30, 2008
Friday, January 18, 2008
Warwas - Courier - State orders Warwas reinstatement, fine
Published in the Courier News, Wednesday, January 17, 2008
[Board] rules in favor of fired Plainfield health officer
By BRANDON LAUSCH and JARED KALTWASSER
STAFF WRITERS
A state personnel board ruled Wednesday that a former Plainfield health officer, fired on allegations that she worked for another city while on sick leave, should be disciplined and pay a fine equal to the time she was off the job — even though she should return to her post.
Jadwiga Warwas, who appealed her Sept. 11, 2006, firing for insubordination and conduct unbecoming a public employee, last month scored a legal victory when a state Office of Administrative Law judge dismissed the charges and ordered Plainfield to reinstate her with full back pay, benefits, pension rights and legal fees.
A health officer in Plainfield earns about $83,700, according to city administrators.
The judge's Dec. 12 decision was forwarded to the Merit System Board, which unanimously opted to modify the earlier ruling by deciding that some disciplinary action — though not removal — was warranted, according to officials.
The five-member panel decided that Warwas should receive an official letter of reprimand and pay a fine equal to the 109 hours she was off the job, said Henry Maurer, director of the state Division of Merit System Practices and Labor Relations.
A written decision explaining the board's stance will be prepared for final approval, likely at its Jan. 30 meeting, Maurer said. Either side in the case then could challenge the decision and seek review before the state Appellate Division.
City Corporation Counsel Dan Williamson said Wednesday he could not comment on the decision because he had not seen it.
According to court papers, Warwas, a licensed physician, developed peptic ulcers and clinical depression because of her tumultuous time in the city — she started her tenure in October 2003 — and took sick leave from late July through early September 2006. On five occasions, Warwas was restricted to home because of her poor health.
While off from work, an anonymous tipster alerted city leaders that Warwas was working part time for Paterson. According to court papers, Paterson officials confirmed the claim, notifying their counterparts in Plainfield that Warwas worked from home as a quality assurance coordinator, logging a total of 109 hours as she collected and disseminated information about infectious diseases.
The sticking point in the case, according to court documents, appears to be Warwas' undisputed failure to submit a written request to continue her work for Paterson before beginning sick leave, despite a Plainfield code at the time of Warwas' hiring that prohibited outside employment without official approval.
Warwas has testified that she was not aware of the requirement and submitted a resume that disclosed her part-time position before taking the job in Plainfield.
Though the city argued that firing Warwas was justified because of her prior disciplinary record — including two suspensions for the confusion surrounding her alleged failure to designate an acting health officer while on vacation in summer 2006 — the administrative law judge ruled that "Warwas did not in any sense fail to comply with the Employee Handbook by not submitting a written application for permission to do what she already had disclosed in 2003."
Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.
Online story here. Archived here.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
[Board] rules in favor of fired Plainfield health officer
By BRANDON LAUSCH and JARED KALTWASSER
STAFF WRITERS
A state personnel board ruled Wednesday that a former Plainfield health officer, fired on allegations that she worked for another city while on sick leave, should be disciplined and pay a fine equal to the time she was off the job — even though she should return to her post.
Jadwiga Warwas, who appealed her Sept. 11, 2006, firing for insubordination and conduct unbecoming a public employee, last month scored a legal victory when a state Office of Administrative Law judge dismissed the charges and ordered Plainfield to reinstate her with full back pay, benefits, pension rights and legal fees.
A health officer in Plainfield earns about $83,700, according to city administrators.
The judge's Dec. 12 decision was forwarded to the Merit System Board, which unanimously opted to modify the earlier ruling by deciding that some disciplinary action — though not removal — was warranted, according to officials.
The five-member panel decided that Warwas should receive an official letter of reprimand and pay a fine equal to the 109 hours she was off the job, said Henry Maurer, director of the state Division of Merit System Practices and Labor Relations.
A written decision explaining the board's stance will be prepared for final approval, likely at its Jan. 30 meeting, Maurer said. Either side in the case then could challenge the decision and seek review before the state Appellate Division.
City Corporation Counsel Dan Williamson said Wednesday he could not comment on the decision because he had not seen it.
According to court papers, Warwas, a licensed physician, developed peptic ulcers and clinical depression because of her tumultuous time in the city — she started her tenure in October 2003 — and took sick leave from late July through early September 2006. On five occasions, Warwas was restricted to home because of her poor health.
While off from work, an anonymous tipster alerted city leaders that Warwas was working part time for Paterson. According to court papers, Paterson officials confirmed the claim, notifying their counterparts in Plainfield that Warwas worked from home as a quality assurance coordinator, logging a total of 109 hours as she collected and disseminated information about infectious diseases.
The sticking point in the case, according to court documents, appears to be Warwas' undisputed failure to submit a written request to continue her work for Paterson before beginning sick leave, despite a Plainfield code at the time of Warwas' hiring that prohibited outside employment without official approval.
Warwas has testified that she was not aware of the requirement and submitted a resume that disclosed her part-time position before taking the job in Plainfield.
Though the city argued that firing Warwas was justified because of her prior disciplinary record — including two suspensions for the confusion surrounding her alleged failure to designate an acting health officer while on vacation in summer 2006 — the administrative law judge ruled that "Warwas did not in any sense fail to comply with the Employee Handbook by not submitting a written application for permission to do what she already had disclosed in 2003."
Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.
Online story here. Archived here.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Thursday, December 20, 2007
Warwas - Courier - Judge orders official reinstated
Published in the Courier News, Tuesday, December 18, 2007
Judge orders Plainfield to reinstate fired health official
Employee fired on allegations that she was working from home
for another city while on sick leave.
By BRANDON LAUSCH
STAFF WRITER
PLAINFIELD -- A former city health officer stands to win back her job more than a year after she was fired on allegations that she concealed from supervisors that she worked from home for Paterson while on extended sick leave from Plainfield.
Jadwiga Warwas, who appealed her Sept. 11, 2006, firing for insubordination and conduct unbecoming a public employee, won over a state Office of Administrative Law judge who dismissed the charges against her and ordered Plainfield to reinstate Warwas to her position with full back pay, benefits, pension rights and legal fees.
A health officer in Plainfield earns around $83,700, city administrators say.
"Indeed, there is nothing about Dr. Warwas' work from home, not in Paterson, at a computer on her own vacation and sick time that violated any rule or regulation governing her employment," Judge James A. Geraghty wrote in his nine-page opinion, decided Dec. 12 and obtained Monday by the Courier News.
Warwas, a licensed physician, began her tenure as Plainfield's health officer on Oct. 1, 2003. During Warwas' time in the Queen City, an employee accused her of harassment for shouting at her -- a claim later dismissed in municipal court -- and she was subject to two minor disciplinary actions, which are pending Warwas' appeals.
She also is involved in a discrimination case against the city and "figures as a witness" in the administrative law challenge of the firings of three former Health Department employees.
"Due to stress from these contentious matters, Dr. Warwas developed peptic ulcers and clinical depression, which resulted in her taking sick leave" last year from late July through early September, according to the ruling. The verdict states that her attending physician certified that Warwas, on five occasions, was restricted to home because of poor health.
While off from work, an anonymous tipster alerted city officials that Warwas was working part time for Paterson. According to the ruling, officials in that city confirmed the claim, notifying their counterparts in Plainfield that Warwas worked from home as a quality assurance coordinator, logging a total of 109 hours as she collected and disseminated information about infectious diseases to Paterson officials and residents.
Warwas testified that when she was hired by Plainfield, she submitted a resume that disclosed her part-time job. Though that document, "for some unexplained reason," was not in Warwas' personnel file nor produced during evidence gathering, the judge wrote that Plainfield officials did not require Warwas to abandon her work for Paterson as a condition of her hiring.
Both Warwas and her attorney, Stephen E. Klausner, did not return messages seeking comment. The special counsel representing Plainfield in the case, David I. Minchello, referred questions to city Corporation Counsel Dan Williamson, who said he could not comment on the ruling because he had not seen it.
A sticking point in the case appears to be Warwas' undisputed failure to submit a written request to continue her work for Paterson before beginning sick leave, despite a municipal code at the time of Warwas' hiring that prohibited outside employment without official approval.
Warwas testified that she was not aware of the requirement, "given the fact that the resume itself constituted written disclosure," the ruling states.
Plainfield amended its employee handbook in March 2004 -- well before the flap over Warwas' work -- to allow city employees to seek other work "as long as it does not interfere with their city job responsibilities" or require the use of official property, according to the ruling.
Though the city argued that firing Warwas was justified because of her prior disciplinary record -- including two suspensions for the confusion surrounding her alleged failure to designate an acting health officer while on vacation in summer 2006 -- the judge ruled that "Warwas did not in any sense fail to comply with the Employee Handbook by not submitting a written application for permission to do what she had already disclosed in 2003."
The judge's initial decision will be forwarded to the state Merit System Board for consideration. The five-member panel may adopt, modify or reject the verdict at its Jan. 16 meeting, said Henry Maurer, director of Merit System Practices and Labor Relations for the state Department of Personnel.
If the board backs the judge's verdict, Warwas and city officials would be asked to settle the amount of back pay and other fees. If they can't reach a compromise, Maurer said the board could resolve the issue for them.
Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.
Online story here. Archived here.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Judge orders Plainfield to reinstate fired health official
Employee fired on allegations that she was working from home
for another city while on sick leave.
By BRANDON LAUSCH
STAFF WRITER
PLAINFIELD -- A former city health officer stands to win back her job more than a year after she was fired on allegations that she concealed from supervisors that she worked from home for Paterson while on extended sick leave from Plainfield.
Jadwiga Warwas, who appealed her Sept. 11, 2006, firing for insubordination and conduct unbecoming a public employee, won over a state Office of Administrative Law judge who dismissed the charges against her and ordered Plainfield to reinstate Warwas to her position with full back pay, benefits, pension rights and legal fees.
A health officer in Plainfield earns around $83,700, city administrators say.
"Indeed, there is nothing about Dr. Warwas' work from home, not in Paterson, at a computer on her own vacation and sick time that violated any rule or regulation governing her employment," Judge James A. Geraghty wrote in his nine-page opinion, decided Dec. 12 and obtained Monday by the Courier News.
Warwas, a licensed physician, began her tenure as Plainfield's health officer on Oct. 1, 2003. During Warwas' time in the Queen City, an employee accused her of harassment for shouting at her -- a claim later dismissed in municipal court -- and she was subject to two minor disciplinary actions, which are pending Warwas' appeals.
She also is involved in a discrimination case against the city and "figures as a witness" in the administrative law challenge of the firings of three former Health Department employees.
"Due to stress from these contentious matters, Dr. Warwas developed peptic ulcers and clinical depression, which resulted in her taking sick leave" last year from late July through early September, according to the ruling. The verdict states that her attending physician certified that Warwas, on five occasions, was restricted to home because of poor health.
While off from work, an anonymous tipster alerted city officials that Warwas was working part time for Paterson. According to the ruling, officials in that city confirmed the claim, notifying their counterparts in Plainfield that Warwas worked from home as a quality assurance coordinator, logging a total of 109 hours as she collected and disseminated information about infectious diseases to Paterson officials and residents.
Warwas testified that when she was hired by Plainfield, she submitted a resume that disclosed her part-time job. Though that document, "for some unexplained reason," was not in Warwas' personnel file nor produced during evidence gathering, the judge wrote that Plainfield officials did not require Warwas to abandon her work for Paterson as a condition of her hiring.
Both Warwas and her attorney, Stephen E. Klausner, did not return messages seeking comment. The special counsel representing Plainfield in the case, David I. Minchello, referred questions to city Corporation Counsel Dan Williamson, who said he could not comment on the ruling because he had not seen it.
A sticking point in the case appears to be Warwas' undisputed failure to submit a written request to continue her work for Paterson before beginning sick leave, despite a municipal code at the time of Warwas' hiring that prohibited outside employment without official approval.
Warwas testified that she was not aware of the requirement, "given the fact that the resume itself constituted written disclosure," the ruling states.
Plainfield amended its employee handbook in March 2004 -- well before the flap over Warwas' work -- to allow city employees to seek other work "as long as it does not interfere with their city job responsibilities" or require the use of official property, according to the ruling.
Though the city argued that firing Warwas was justified because of her prior disciplinary record -- including two suspensions for the confusion surrounding her alleged failure to designate an acting health officer while on vacation in summer 2006 -- the judge ruled that "Warwas did not in any sense fail to comply with the Employee Handbook by not submitting a written application for permission to do what she had already disclosed in 2003."
The judge's initial decision will be forwarded to the state Merit System Board for consideration. The five-member panel may adopt, modify or reject the verdict at its Jan. 16 meeting, said Henry Maurer, director of Merit System Practices and Labor Relations for the state Department of Personnel.
If the board backs the judge's verdict, Warwas and city officials would be asked to settle the amount of back pay and other fees. If they can't reach a compromise, Maurer said the board could resolve the issue for them.
Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.
Online story here. Archived here.
(Note: Online stories may be taken down by their publisher after a period of time or made available for a fee. Links posted here is from the original online publication of this piece.)
(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)
Subscribe to:
Posts (Atom)